- Search orders—a pause for Russian fishing in English waters? (Vneshprombank LLC v Bedzhamov)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The High Court has halted a significant aspect of a review of documents obtained by disc imaging under the terms of a search order. The review inevitably engaged documents belonging to third parties (including clients of non-parties) who were not parties to the underlying proceedings or respondents to the search order. The judge was concerned principally about the progress of the review, the resources it was diverting from trial preparation, and the security of the review particularly where it engaged the rights of non-parties. A pause, with liberty to apply to restart the review, was considered more appropriate than full discharge given the trial judge would be better placed to assess the issues about the justice of discharging the search order entirely. The fact that the review process had previously been continued pursuant to orders made by consent did not deter the judge as she decided that the case was sufficiently exceptional for the court to intervene. Written by Lauren Godfrey, barrister at Hardwicke.
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